The High Court will continue considering the possibility of consolidating at least six petitions challenging the recently amended Computer Misuse and Cybercrimes Act, 2025.
This comes after the State asked the court to first determine its bid to lift suspension orders already placed on the law.
The petitions, filed by several litigants including gospel musician and activist Reuben Kigame, the Kenya Human Rights Commission (KHRC), the Law Society of Kenya (LSK), Embakasi East MP and advocate Babu Owino, his Kirinyaga counterpart Jane Njeri, and public litigant Francis Owino, have raised concerns over the law’s impact on free speech, digital rights, and online expression.
On Wednesday, November 5, proceedings before Justice Lawrence Mugambi, lawyers representing the Attorney General (AG) and the Communications Authority of Kenya (CAK) argued that the application to vacate the suspension of certain sections of the law should be heard first before any move to consolidate the petitions.
They emphasised that the orders halting the enforcement of key provisions were granted ex parte (one party), before the State’s side was fully heard.
The suspended sections include 27(1)(b), 27(1)(c), and 27(2), which pertain to cyber harassment, specifically criminalising electronic communication deemed to “detrimentally affect another person” or content considered “indecent or grossly offensive in nature.”
Conviction under these provisions carries penalties of up to Sh20 million in fines, a prison term of up to ten years, or both.
The amendments were signed into law by President William Ruto on October 15, 2025, prompting immediate public debate and legal challenges.
The AG and CAK further submitted that the petitioners had not complied with earlier court directions requiring them to serve their submissions on all respondents.
They argued that the State should be allowed to present its case fully, particularly on why the suspension should not remain in place.
Judge Mugambi asked the parties to engage in talks before a final determination is made on the State’s application to lift the suspension and regarding the matter proceeding to consolidation to enable a coordinated and comprehensive hearing of all the petitions.
Waititu back in court
The anti-corruption case against former Kiambu County Governor Ferdinand Waititu will resume today, following his latest bid for bond relief that was rejected.
The High Court declined his request to either reduce the Sh53 million bank guarantee or substitute it with a cash deposit as he pursues his appeal.
His lawyer told the court that the former county chief had been unable to raise the bank guarantee, arguing that this had made it practically impossible for his client to secure release from custody, despite the bond previously granted.
Waititu, who was convicted in February on corruption charges involving Sh588 million, appealed for more manageable options in light of ongoing treatment at Kenyatta National Hospital (KNH).
Justice Lucy Njuguna, however, dismissed the application, noting that it was the third such attempt by his legal team and emphasising the urgency of concluding the appeal.
The case returns for a mention.
